Western Australian Consolidated Acts

WITNESS PROTECTION (WESTERN AUSTRALIA) ACT 1996 - SECT 4

4 .         Meaning of “witness”

        (1)         For the purposes of this Act, unless the contrary intention appears, a person is a witness if he or she —

            (a)         has given, or has agreed to give, evidence on behalf of the Crown in right of this State, the Commonwealth, another State or a Territory in —

                  (i)         proceedings for an offence; or

                  (ii)         hearings or proceedings before a body that is declared by the Minister to be a body to which this paragraph applies;

            (b)         has given, or has agreed to give, evidence otherwise than as mentioned in paragraph (a) in relation to the commission of an offence against a law of this State, the Commonwealth, another State or a Territory; or

            (c)         has made a statement to a police officer of this State or to an approved authority in relation to an offence against the law of the Commonwealth, another State or a Territory,

                and if, as a result, in the opinion of the Commissioner, there is a risk to the person’s safety or welfare.

        (2)         For the purposes of this Act, unless the contrary intention appears, a person is a witness if, in the opinion of the Commissioner, there is a risk to the safety or welfare of the person for any reason other than those stated in subsection (1).

        (3)         For the purposes of this Act, unless the contrary intention appears, a person is a witness if he or she is related to or associated with a person referred to in subsection (1) or (2) and, in the opinion of the Commissioner, may require protection or assistance under the SWPP because of that relationship or association.